High CourtsSingle Bench(2022) 09 OHC CK 0012

Benadikta Digal vs State Of Odisha And Others

Orissa High Court · Decided on 5 September 2022

HON’BLE JUDGES
Arindam Sinha, J
CASE NUMBER
Writ Petition (C) No.3433 Of 2020

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Judgment

6 paragraphs · 160 words

Arindam Sinha, J

1.

Mr. Chhinchani, learned advocate appears on behalf of petitioner. He submits, his client is brother of the deceased, who died by reason of communal violence. He submits, pursuant to direction in order dated 29th July, 2022, additional affidavit has been filed to demonstrate that the deceased suffered injuries due to communal violence on 26th August, 2008. He was taken to hospital and thereafter referred to other hospitals. Unfortunately on 28th October, 2008, he died.

2.

Mr. Pattanayak, learned advocate, Additional Standing Counsel appears on behalf of State. He submits, his instructions are that the deceased having had been discharged from hospital, thereafter again admitted and discharged, it cannot be said that he died of injury sustained in the communal violence.

3.

State must file objection to the additional affidavit, for there to be adjudication on its contention. The affidavit will be accepted on adjourned date, upon advance copy served.

4.

List on 19th September, 2022.

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